<em>Crawford</em> at 20: An Introduction to the Symposium

The twentieth anniversary of Crawford v. Washington provides an ideal opportunity to reflect on the right of a criminal defendant to be confronted with the witnesses against him – on its origins and recent developments, current issues that it presents, paths that it may take, and other changes that it may generate. I am grateful to the Journal of Law Reform for organizing this symposium and to all the participants for having made it a success. In Section 1 of this introductory essay, I offer some comments on the origins, scope, and purpose of the confrontation right. Section 2 discusses the impact of Crawford and Section 3 indicates significant wrong turns that I believe the Supreme Court has made since issuing that transformative decision.

Section 4 comments in particular on the oft-litigated topic of forensic lab reports. Section 5 shows how, even beyond the range of the Confrontation Clause of the Sixth Amendment to the United States Constitution, confrontation concerns may raise due-process issues. Finally, Section 6 discusses how Crawford might lead to a dramatic loosening and reshaping of American hearsay law.